What can I do to ensure a successful serve?

Successful serves aren't always guranteed. However, the more information you know about the recipient increases the chances of a successful serve by knowing all or some of what's listed below.


1. Providing an accurate address for the recipient.                  

2. An accurate description or picture of the recipient                  

3. Best time and location to serve the documents                    

4. Knowledge of the recpient's work schedule                          

5. An accurate idea of other people who may live with the recipient                                                                              

6. A description of the recipient's vehicle

 

How long do I have to serve the other party?

The other party must be served and the affidavit of service must be filed with the court within 90 or 120 (depending on case type) days from the date the documents were filed with the court. 

What happens if 90 or 120 days has passed?

Any serve that is made past 90 or 120 days of original filing date may not be considered by the court. You may file an extension with the court to request more time.

 

What happens if someone tries to avoid service?

It is very common that individuals try to avoid service. The best way to get a successful service is by knowing the other party's physical description, whereabouts and schedules.  

Also, according to rule 4.1 (M), a motion for alternative service can be made to the judge such as posting documents on front door, on car windshield, or by placing in mailbox.  

 

Who can be process served?

Anyone who is a person of suitable age & discretion that lives in the same household of the plaintiff and/or defendant can be served all documents types EXCEPT subpoenas, order of protection, and injunction against harassment.

 

What is the proper way to serve someone?

Proper service can be made by handing or dropping the documents at the recipient's feet, sliding the documents under the door/screen or even dropping the documets at the front door if they refuse to open it, as long as we have positive verification that the correct individual is on the other side of the door. 

 

Where can you serve documents?

According Arizona state law, documents can be served anywhere and at anytime, EXCEPT on Inidan Reservatons. Permission is required by Indian Tribal Authority to serve on reservations. 

 

Can a defendant avoid an eviction action summons and complaint?

No, if the tenant doesn't answer the door, process servers are allowed to post a copy of summons and complaint (eviction action) to the door and mail a copy (within 5 days of the court hearing) to the tenant. This procedure will satisfy the court and is considered successful service.  

 

Once the other party is served, what's next?

The responding party is expected to file an answered with the court within 20 days of being served.

 

Does the documents have to be served to the other party directly? 

No, documents can be served to anyone who's a person of suitable age and discretion and also shares the same place of residence as the plaintiff and/or defendant.


However, if the presiding judge orders that an individual must be served personally, then the paragraph above does not apply.

 

Can subpoenas be served upon anyone?

No, a subpoena shall be served by delivering a copy of the subpoena ONLY to the named individual personally. 

 

How do I serve the State of Arizona?

Service on the State of Arizona is made by serving the chief executive officer, secretary, clerk, or recording officer thereof.

 

How do I serve the county, municipal corporation, also known as a city, or other governmental subdivision of the state?

 

Service on county, municipal corporation, also known as a city, or other governmental subdivision of the state is made by serving the chief executive officer, secretary, clerk, or recording officer thereof.

 

How do I serve upon government entities not specifically mentioned in the law or rules? 

Service upon government entities not specifically mentioned in the law or rules shall be made by serving any person who is a member of the "group" or "body" of the entity.

 

How do I serve domestic or foreign corporations, unincorporated associations, or partnerships authorized to do business within AZ?

Delivering a copy to a partner, officer, managing or general agent, or any other agent authorized by statute to receive service and when required by also mailing a copy to the company.

 

How do I serve a domestic or foreign corporations authorized to do business within AZ, but without agents in this state? 

Domestic of foreign corporations authorized to do business within AZ, but without agents in this state may be served by leaving two copies of the process and an affidavit of non-service with the corporation commission and this constitutes a personal serve.